R.S.837, Sivagangai District Consumers v. The Joint Registrar Of Co Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD) No.5201 of 2023 R.S.837, Sivagangai District Consumers Co-operative Wholesale Stores Ltd., Sivagangai, Rep. by its President, A.V.Nagarajan (under suspension), Sivagangai.

... Appellant -vs1. The Joint Registrar of Co-operative Societies, Sivagangai Region, Sivagangai.

2. The Deputy Registrar, Office of the Deputy Registrar of Co-operative Societies, Sivagangai Circle, Sivagangai District.

3. The Co-operative Sub Registrar/ Prosecution, O/o.Deputy Registrar of Co-operative Societies, Sivagangai, Sivagangai District.

... Respondents/ Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 28.03.2023, passed in W.P.(MD) No.5468 of 2022, on the file of this Court. For Appellants :

Mr.B.Saravanan, Senior Counsel for M/s.C.Jeganathan For Respondents :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.R.Ragavendran Government Advocate

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] What was challenged before the Writ Court were the proceedings initiated under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 (for brevity "the Act"). The Writ Court has concluded that the enquiry under Section 81 of the Act being a fact finding enquiry, the initiation of the same cannot be challenged. Even the report filed after the conduct of enquiry under Section 81 of the Act has been held to be not conclusive and it will be open to the parties to

challenge the findings if the Society initiates any further action under the penal provisions. Therefore, we do not think that we can entertain this writ appeal.

2. The writ appeal fails and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 21.04.2023 NCC : No Index : No Internet : Yes PKN To:

The Principal Secretary to Government, Higher Education Department, Secretariat, Chennai- 600 009.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

PKN 21.04.2023